Ernest Withers, Civil Rights Photographer an FBI Informer

Trust no-one. Especially when the FBI has your organization on its radar. On Sunday, the Memphis newspaper The Commercial Appeal published an explosive exposé on renowned Civil RIghts photojournalist, Ernest C. Withers.

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At the top of the stairs he saw the blood, a large pool of it, splashed across the balcony like a grisly, abstract painting. Instinctively, Ernest Withers raised his camera. This wasn’t just a murder. This was history.

 

Dr. Martin Luther King Jr. stood here a few hours earlier chatting with aides when a sniper squeezed off a shot from a hunting rifle.

Now, as night set over Memphis, Withers was on the story.

Slipping past a police barricade, the enterprising Beale Street newsman made his way to room 306 at the Lorraine Motel — King’s room — and walked in. Ralph Abernathy and the others hardly blinked. After all, this was Ernest C. Withers. He’d marched with King, and sat in on some of the movement’s sensitive strategy meetings.

A veteran freelancer for America’s black press, Withers was known as “the original civil rights photographer,” an insider who’d covered it all, from the Emmett Till murder that jump-started the movement in 1955 to the Little Rock school crisis, the integration of Ole Miss and, now, the 1968 sanitation strike that brought King to Memphis and his death.

(click to continue reading Photographer Ernest Withers doubled as FBI informant to spy on civil rights movement » The Commercial Appeal.)

 

According to the article, Withers was instrumental in the FBI’s questionable war1 against every organization that challenged the status quo: the Black Panthers, religious groups, U.S. Civil Rights Commission, you name it. The program2 was called COINTELPRO, and it was worse, and more pervasive than you think. The links in the quoted section below go to scans of primary documents, hosted at the moment at The Commercial Appeal, so you can read them in their malicious banality yourself.

Much of his undercover work helped the FBI break up the Invaders, a Black Panther-styled militant group that became popular in disaffected black Memphis in the late 1960s and was feared by city leaders.

 

Yet, Withers focused on mainstream Memphians as well.

Personal and professional details of Church of God in Christ Bishop G.E. Patterson (then a pastor with a popular radio show), real estate agent O.W. Pickett, politician O. Z. Evers and others plumped FBI files as the bureau ran a secret war on militancy.

When community leader Jerry Fanion took cigarettes to jailed Invaders, agents took note. Agents wrote reports when Catholic Father Charles Mahoney befriended an Invader, when car dealer John T. Fisher offered jobs to militants, when Rev. James Lawson planned a trip to Czechoslovakia and when a schoolteacher loaned his car to a suspected radical.

Each report has a common thread — Withers.

As a so-called racial informant — one who monitored race-related politics and “hate” organizations — Withers fed agents a steady flow of information.

Records indicate he snapped and handed over photos of St. Patrick Catholic Church priests who supported the city’s striking sanitation workers; he monitored political candidates, jotted down auto tag numbers for agents, and once turned over a picture of an employee of the U.S. Civil Rights Commission said to be “one who will give aid and comfort to the black power groups.” In an interview this year, that worker said she came within a hearing of losing her job.

Federal Bureau of Investigation Chicago Division

 

From the New York Times in follow up:

On Sunday, The Commercial Appeal in Memphis published the results of a two-year investigation that showed [Ernest C.] Withers, who died in 2007 at age 85, had collaborated closely with two F.B.I. agents in the 1960s to keep tabs on the civil rights movement. It was an astonishing revelation about a former police officer nicknamed the Original Civil Rights Photographer, whose previous claim to fame had been the trust he engendered among high-ranking civil rights leaders, including Dr. King.

 

“It is an amazing betrayal,” said Athan Theoharis, a historian at Marquette University who has written books about the F.B.I. “It really speaks to the degree that the F.B.I. was able to engage individuals within the civil rights movement. This man was so well trusted.”

From at least 1968 to 1970, Mr. Withers, who was black, provided photographs, biographical information and scheduling details to two F.B.I. agents in the bureau’s Memphis domestic surveillance program, Howell Lowe and William H. Lawrence, according to numerous reports summarizing their meetings. The reports were obtained by the newspaper under the Freedom of Information Act and posted on its Web site.

A clerical error appears to have allowed for Mr. Withers’s identity to be divulged: In most cases in the reports, references to Mr. Withers and his informer number, ME 338-R, have been blacked out. But in several locations, the F.B.I. appears to have forgotten to hide them.

(click to continue reading Civil Rights Photographer Unmasked as Informer – NYTimes.com.)

 

Presumedly, a diligent researcher researcher could now go through redacted FBI documents, and find everywhere else that Withers code name was used

A clerical error appears to have allowed for Mr. Withers’s identity to be divulged: In most cases in the reports, references to Mr. Withers and his informer number, ME 338-R, have been blacked out. But in several locations, the F.B.I. appears to have forgotten to hide them.

Wonder if there the FBI is conducting an updated version of COINTELPRO to investigate/infiltrate the Tea Party zealots? Probably not, for most of the history of the FBI, they have only been concerned with liberal dissent. Conservatives get a pass, even if they blow up buildings or kill innocents. A liberal group providing cigarettes to an incarcerated protester? That’s grounds for expanding the file.

 

Footnotes:
  1. the fact of the war is not in dispute, only its motive for existing in a supposedly free society []
  2. We’ve blogged about COINTELPRO many times []

ACLU and Others File Lawsuit Over Digital Border Searches

Kudos, as this policy is contrary to the Bill of Rights and years of court rulings. You should throw a few dollars in the ACLU coffers if you can.

Pippin's New MBA

The American Civil Liberties Union, the New York Civil Liberties Union and the National Association of Criminal Defense Layers (NACDL) today filed a lawsuit challenging the Department of Homeland Security’s (DHS) policy permitting border agents to search, copy and detain travelers’ electronic devices at the border without reasonable suspicion. DHS asserts the right to look though the contents of a traveler’s electronic devices – including laptops, cameras and cell phones – and to keep the devices or copy the contents in order to continue searching them once the traveler has been allowed to enter the U.S., regardless of whether the traveler is suspected of any wrongdoing.

“These days, almost everybody carries a cell phone or laptop when traveling, and almost everyone stores information they wouldn’t want to share with government officials – from financial records to love letters to family photos,” said Catherine Crump, staff attorney with the ACLU Speech, Privacy and Technology Project. “Innocent Americans should not be made to feel like the personal information they store on their laptops and cell phones is vulnerable to searches by government officials any time they travel out of the country.”

Today’s lawsuit was filed on behalf of the National Press Photographers Association (NPPA), whose members include television and still photographers, editors, students and representatives of the photojournalism industry; NACDL, which is a plaintiff as well as counsel on the case; and Pascal Abidor, a 26-year-old dual French-American citizen who had his laptop searched and confiscated at the Canadian border.

Abidor was travelling from Montreal to New York on an Amtrak train in May when he had his laptop searched and confiscated by Custom and Border Patrol officers. Abidor, an Islamic Studies Ph.D. student, was questioned, handcuffed, taken off the train and kept in a holding cell for several hours before being released without charge. When his laptop was returned 11 days later, there was evidence that many of his personal files, including research, photos and chats with his girlfriend, had been searched.

“As an American, I’ve always been taught that the Constitution protects me against unreasonable searches and seizures. But having my laptop searched and then confiscated for no reason at all made me question how much privacy we actually have,” said Abidor. “This has had an extreme chilling effect on my work, studies and private life – now I will have to go to untenable lengths to assure that my academic sources remain confidential and my personal dignity is maintained when I travel.”

(click to continue reading Groups Sue Over Suspicionless Laptop Search Policy At The Border | American Civil Liberties Union.)

ACLU Constitution Free Zone

We’ve blogged about the DHS’s ridiculous policy a few times before

The Web Means Everything Is On Your Permanent Record

I am lucky that I was a teen and finished college before the digital age. As far as I know, there are no permanent records of my exploits anywhere on the web, accessible by casual web searchers, or overzealous customs officials. Like most 19 year olds, I did some crazy stuff, participated in some questionable behavior with my peers, but never was actually arrested by law enforcement. Thankfully. Because otherwise, I’d worry…

Three Note Oddity

Four years ago, Stacy Snyder, then a 25-year-old teacher in training at Conestoga Valley High School in Lancaster, Pa., posted a photo on her MySpace page that showed her at a party wearing a pirate hat and drinking from a plastic cup, with the caption “Drunken Pirate.” After discovering the page, her supervisor at the high school told her the photo was “unprofessional,” and the dean of Millersville University School of Education, where Snyder was enrolled, said she was promoting drinking in virtual view of her under-age students. As a result, days before Snyder’s scheduled graduation, the university denied her a teaching degree. Snyder sued, arguing that the university had violated her First Amendment rights by penalizing her for her (perfectly legal) after-hours behavior. But in 2008, a federal district judge rejected the claim, saying that because Snyder was a public employee whose photo didn’t relate to matters of public concern, her “Drunken Pirate” post was not protected speech.

When historians of the future look back on the perils of the early digital age, Stacy Snyder may well be an icon. The problem she faced is only one example of a challenge that, in big and small ways, is confronting millions of people around the globe: how best to live our lives in a world where the Internet records everything and forgets nothing — where every online photo, status update, Twitter post and blog entry by and about us can be stored forever. With Web sites like LOL Facebook Moments, which collects and shares embarrassing personal revelations from Facebook users, ill-advised photos and online chatter are coming back to haunt people months or years after the fact. Examples are proliferating daily: there was the 16-year-old British girl who was fired from her office job for complaining on Facebook, “I’m so totally bored!!”; there was the 66-year-old Canadian psychotherapist who tried to enter the United States but was turned away at the border — and barred permanently from visiting the country — after a border guard’s Internet search found that the therapist had written an article in a philosophy journal describing his experiments 30 years ago with L.S.D.

According to a recent survey by Microsoft, 75 percent of U.S. recruiters and human-resource professionals report that their companies require them to do online research about candidates, and many use a range of sites when scrutinizing applicants — including search engines, social-networking sites, photo- and video-sharing sites, personal Web sites and blogs, Twitter and online-gaming sites. Seventy percent of U.S. recruiters report that they have rejected candidates because of information found online, like photos and discussion-board conversations and membership in controversial groups.

(click to continue reading The Web Means the End of Forgetting – NYTimes.com.)

Land of the free, right.

Oh, and since Jeffrey Rosen didn’t specify the 66 year old Canadian psychologist who took LSD in 1967, his name is Andrew Feldmar, and I blogged about this travesty in 2007. He really was barred from entry to the US in May, 2007, because he wrote an article about his drug use – in 1967!

CIA personnel emulated Josef Mengele

Can the CIA and its bosses get away with these travesties conducted in our name? Or will Bush, Rumsfeld and Cheney finally be given the show trial in The Hague they deserve?

Lady Liberty Looks Pissed

Bush-era CIA medical personnel conducted experiments on detainees in CIA custody to provide legal cover for torture as well as to justify and shape future torture techniques, a just-released report from the Physicians for Human Rights alleges.

“The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation,” said Frank Donaghue, the CEO of PHR, a nonprofit organization of health professionals.

According to PHR’s investigation, the CIA conducted experiments monitoring sleep deprivation for up to 180 hours and experimented with waterboarding by adding saline to water to avoid killing detainees or rendering them comatose.

“‘Waterboarding 2.0’ was the product of the CIA’s developing and field-testing an intentionally harmful practice, using systematic medical monitoring,” the report claims.

Its author, Nathanial A. Raymond, said that although such experimentation appears to have been essential for the CIA’s legal cover for torture, Justice Department lawyers seem never to have assessed the human subject research.

 

(click to continue reading PHR report: CIA personnel engaged in human experimentation – War Room – Salon.com.)

Horrible.1

Footnotes:
  1. If you forgot who Josef Mengele was, here’s the opening paragraph of his Wikipedia entry:

    Josef Mengele (16 March 1911 – 7 February 1979), also known as the Angel of Death, was a German SS officer and a physician in the Nazi concentration camp Auschwitz-Birkenau. He earned doctorates in anthropology from Munich University and in medicine from Frankfurt University. He initially gained notoriety for being one of the SS physicians who supervised the selection of arriving transports of prisoners, determining who was to be killed and who was to become a forced laborer, but is far more infamous for performing grisly human experiments on camp inmates, for which Mengele was called the “Angel of Death”.

    In 1940, he was placed in the reserve medical corps, following which he served with the 5th SS Panzergrenadier Division Wiking in the Eastern Front. In 1942, he was wounded at the Russian front and was pronounced medically unfit for combat, and was then promoted to the rank of SS-Hauptsturmführer (Captain) for saving the lives of two German soldiers. He survived the war, and after a period living incognito in Germany he fled to South America, where he evaded capture for the rest of his life despite being hunted as a Nazi war criminal.

    So not someone for an American to emulate []

Police Worried About being Caught Breaking Law

Insanely ridiculous. How is this even remotely acceptable behavior? Police should avoid doing illegal acts if they are so worried about being videotaped.

Sheriff's Line Do Not Cross

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

Massachusetts attorney June Jensen represented Simon Glik who was arrested for such a recording. She explained, “[T]he statute has been misconstrued by Boston police. You could go to the Boston Common and snap pictures and record if you want.” Legal scholar and professor Jonathan Turley agrees, “The police are basing this claim on a ridiculous reading of the two-party consent surveillance law – requiring all parties to consent to being taped. I have written in the area of surveillance law and can say that this is utter nonsense.”

The courts, however, disagree. A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler’s license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

(click to continue reading Are Cameras the New Guns?.)

Police are public officials, paid with our tax dollars. Why should they be exempted from established principles? Horrible decision by lawmakers in Illinois, Massachusetts and Maryland, and everywhere else considering similar draconian laws.

Killing of a Citizen Without Trial

The New York Times is its normal, understated self, discussing brutality over afternoon tea, but this is no laughing matter.

Conceptual Silence

The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism.

The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy.

To eavesdrop on the terrorism suspect who was added to the target list, the American-born radical cleric Anwar al-Awlaki, who is hiding in Yemen, intelligence agencies would have to get a court warrant. But designating him for death, as C.I.A. officials did early this year with the National Security Council’s approval, required no judicial review.

“Congress has protected Awlaki’s cellphone calls,” said Vicki Divoll, a former C.I.A. lawyer who now teaches at the United States Naval Academy. “But it has not provided any protections for his life. That makes no sense.”

 

(click to continue reading U.S. Decision to Approve Killing of Cleric Causes Unease – NYTimes.com.)

But this is really about the power of the federal government to kill its own citizen without the messiness of a democratic society, and courts of law, and so on. Let it sink in for a second, the United States now claims the right to murder anyone it pleases, citizen or not, without oversight. How is this different than any totalitarian government or Banana Republic?

Sin will find you out

So who is this guy anyway?

But the disclosure last month by news organizations that Mr. Awlaki, 39, had been added to the C.I.A. kill list shifted the terms of the legal debate in several ways. He is located far from hostilities in Afghanistan and Pakistan, where the perpetrators of 9/11 are believed to be hiding.

He is alleged to be affiliated with a Yemeni branch of Al Qaeda. Intelligence analysts believe that only recently he began to help plot strikes, including the failed attempt to bomb an airliner on Dec. 25.

Most significantly, he is an American, born in New Mexico, arguably protected by the Fifth Amendment’s guarantee not to be “deprived of life, liberty, or property, without due process of law.” In a traditional war, anyone allied with the enemy, regardless of citizenship, is a legitimate target; German-Americans who fought with the Nazis in World War II were given no special treatment.

But Ms. Divoll, the former C.I.A. lawyer, said some judicial process should be required before the government kills an American away from a traditional battlefield. In addition, she offered a practical argument for a review outside the executive branch: avoiding mistakes.

She noted media reports that C.I.A. officers in 2004 seized a German citizen, Khaled el-Masri, and held him in Afghanistan for months before acknowledging that they had grabbed the wrong man. “What if we had put him on the kill list?” she asked.

Another former C.I.A. lawyer, John Radsan, said prior judicial review of additions to the target list might be unconstitutional. “That sort of review goes to the core of presidential power,” he said. But Mr. Radsan, who teaches at the William Mitchell College of Law in St. Paul, said every drone strike should be subject to rigorous internal checks to be “sure beyond a reasonable doubt” that the target is an enemy combatant.

As for the question of whether Mr. Awlaki is a legitimate target, Mr. Radsan said the cleric might not resemble an American fighting in a Nazi uniform. “But if you imagine him making radio speeches for the Germans in World War II, there’s certainly a parallel,” he said.

Land of Liberty

Ha. Thought crimes. We mentioned this a couple of weeks ago, but some new details emerge in Adam Liptak’s column. How ridiculous. Nearly as bad as banning 77 year old musician Ibrahim Ferrer from picking up his Grammy, because Ferrer was unfortunate enough to be born in Cuba.

For the record, I have never used any illegal substance, nor have I ever gone over the posted speed limit, nor even parked in an illegal spot for even one minute. I had my first drink at 21, and also had my first sexual experience as soon as I was legally able to do so (whatever the statutory age happened to be in Texas at time). I have never illegally downloaded MP3s, software, pornography, fonts, or posted articles in full (meaning I have never circumvented copyright in any manner). I never have removed the tags from mattresses, nor jumped the turnstile on a CTA train station. I could go on and on, but perhaps this is enough to turn up on a government computer the next time the border gaurd checks me out. I’m clean, officer! Oh, and I’ve never even thought of doing any of these things either.

The Nation’s Borders, Now Guarded by the Net – New York Times :
Andrew Feldmar, a Vancouver psychotherapist, was on his way to pick up a friend at the Seattle airport last summer when he ran into a little trouble at the border.

A guard typed Mr. Feldmar’s name into an Internet search engine, which revealed that he had written about using LSD in the 1960s in an interdisciplinary journal. Mr. Feldmar was turned back and is no longer welcome in the United States, where he has been active professionally and where both of his children live.

Mr. Feldmar, 66, has a distinguished résumé, no criminal record and a candid manner. Though he has not used illegal drugs since 1974, he says he has no regrets.

“It was an absolutely fascinating and life-altering experience for me,” he said last week of his experimentation with LSD and other psychedelic drugs. “The insights it provided have lasted for a lifetime. It allowed me to feel what it would be like to live without habits.”

Mr. Feldmar said he had been in the United States more than 100 times and always without incident since he last took an illegal drug. But that changed in August, thanks to the happenstance of an Internet search, conducted for unexplained reasons, at the Peace Arch border station in Blaine, Wash.

Continue reading “Land of Liberty”